Defenses to Improper Exhibition of a Firearm in Florida

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, improper exhibition of a firearm (Fla. Stat. Section 790.10) is a serious offense. As a first-degree misdemeanor, it is punishable by up to 1 year in jail and a $1,000 fine. Misdemeanor improper exhibition applies to any dangerous weapon including a sword, knife, dirk, or electric device such as a taser. This blog will explore defenses to improper exhibition of a firearm.

For someone to be proven guilty of improper exhibition of a firearm, the State must prove all of the following elements beyond a reasonable doubt:

• The defendant had or carried a firearm (regardless of whether this was loaded)
• The defendant exhibited the firearm in a rude, careless, angry or threatening manner
• The exhibition was not in necessary self-defense
• The exhibition occurred in the presence of one or more persons (aside from the defendant themselves)

Improper exhibition of a firearm is a first-degree misdemeanor in Florida, punishable by up to 1 year in jail and a $1,000 fine. It is a lesser-included offense of aggravated assault with a firearm, a third-degree felony punishable by up to 5 years in jail and a $5,000 fine.

Important: The State does not have to prove that the defendant was making a legitimate threat at the time for them to be convicted of improper exhibition. A defendant can be convicted for exhibiting the firearm in a rude or careless manner, even if they did not directly threaten another person. Kase v. State, 581 So.2d 612 (Fla 1st DCA 1991); Stone v. State, 402 So. 2d 1222, 1223 (Fla. 5th DCA 1981)

If someone is charged with violating Fla. Stat. Section 790.10, this can be extremely stressful. However, there are many lawful defenses to a charge of improper exhibition. 

Defenses to Improper Exhibition of a Firearm Charge

The first of these is self-defense or defense of others (justifiable use of force). If a firearm is exhibited in response to a real and imminent threat, Florida law allows the act of exhibiting a firearm.

However, it must be proportionate to the threat received. Examples of when exhibition of a firearm may be lawful include:

• A man approaches someone with a knife, shouting threats to kill them. The person exhibits their firearm and tells him to stop, and he walks away.
• Two people try to force open your car door while you’re inside, visibly intending to carjack someone. The driver exhibits a firearm, without pointing it at the would-be carjackers, and they run away.
• A thief shatters someone’s window and breaks into their home. The resident grabs their gun and displays it while warning the intruder, who runs out.

Conversely, examples of when improper exhibition occurs under Fla. Stat. Section 790.10 (due to being a disproportionate response) may include:

• Arguments over a parking space (if someone does not make a physical move or display a weapon)
• A teenager throws their drink at someone’s car as a prank or act of disrespect, and the driver draws their firearm 
• Someone cuts another person off in traffic. At the next light, the person who was cut off pulls up next to the driver who cut them off and flashes a gun

However, there are many “edge cases” that occur (where it is arguable whether or not the exhibition of the firearm was proportionate to the perceived threat). This makes it critical to find an experienced and aggressive defense attorney if formally charged in Florida with improper exhibition of a firearm.

Another defense to improper exhibition of a firearm is lack of intent and/or accidental display. If the firearm was not exhibited in a rude or threatening manner (as the statute requires), this fact negates the mens rea (criminal intent) required to commit the offense.

Examples of unintentional exhibition (not a crime) may include:

• A firearm accidentally falls out of a holster as someone is sitting down at a restaurant
• Someone pulls up their shirt slightly to scratch their abdomen, exposing a firearm that they are carrying

An additional defense to improper exhibition of a firearm is that the exhibition did not occur in the presence of one or more persons. If nobody else observed the improper exhibition of the firearm in real time, the crime is not committed. 

Note: The State cannot “stack” counts for each person that observed the improper exhibition – the statute is violated once per improper exhibition, even if multiple people are present. Vance v. State, 452 So. 2d 992 (Fla.1984) 

Another defense to the charge is that the display of the firearm, even if it otherwise ordinarily may have been considered improper, was legally permissible due to the circumstances. Even if not in self-defense, situations such as:

• A firearms instructor demonstrating how to load and handle a pistol in a manner that may otherwise constitute improper exhibition 
• A licensed hunter walks through a wildlife management area with a rifle over their shoulder during deer season (Fla. Stat. Section 790.25(3)(h))
• A vendor at a licensed gun show lays out a handgun on the table for a sale or demonstration
• A civilian defense instructor demonstrates how to disarm an attacker with a visible, unloaded firearm performed in a controlled environment

Another defense to a charge of improper exhibition of a firearm is that the object was not a firearm under Florida law (if this is in dispute).

A firearm under Florida Statutes Section 790.001 is defined as any weapon which will, is designed to, or may readily be converted to:

• Expel a projectile by the action of an explosive
• Any firearm muffler or silencer
• The frame or receiver of a firearm
• Any destructive device
• Any machine gun

In certain cases, a pellet gun, replica without firing capability, or even an actual firearm that is broken and inoperable (not readily converted) may be “improperly exhibited.” But this does not constitute improper exhibition of a firearm, because it does not meet the statutory definition. 

Though there are various legally valid defenses to an improper exhibition of a firearm charge, defenses that are not legally valid (“non-defenses”) include:

• “I have a permit”: Even if someone has a concealed carry permit, this does not allow them to display their firearm in a rude, careless, angry or threatening manner
• “I didn’t fire the gun”: Discharge of the weapon is not required for someone to be found guilty of improper exhibition
• “I didn’t point the gun at them”: Though this is potentially a defense to aggravated assault with a firearm, improper exhibition does not require the firearm be pointed at a particular person 
• “The gun was not loaded”: The statute does not require a firearm be loaded for someone to improperly exhibit it
• “I was upset/angry/provoked”: Unless the exhibition of the firearm was a proportionate response to a threat or potential threat, emotions getting the best of someone is not a valid legal defense to the charge

In sum, improper exhibition of a firearm is a serious criminal offense in Florida. If someone is found guilty, this carries a sentence of up to 1 year in jail, 1 year of probation and a $1,000 fine.

However, many valid defenses exist to an improper exhibition of a firearm charge. These include self-defense/lack of impropriety, lack of intent/accidental display, the exhibition did not occur in the presence of one or more persons, the object was not technically a firearm under Florida law, and more.  

If someone is charged in a case involving improper exhibition of a firearm, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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